National Park Service . U.S. Department orthe Interior '
NATIONAL MALL AND MEMORIAL PARKS
FINDING OF NO SIGNIFICANT IMPACT ' WORLD WAR I MEMORIAL Washington, District of Columbia The National Park Service (NPS) prepared an environmental assessment (EA) to evaluate alternative actions and environmental impacts associated with the proposed project to enhance the former Pershing Park as a national World War I Memorial. The Memorial is needed to fulfill the Congressional mandate for the establishment of a national World War I Memorial at the former Pershing Park. The EA was prepared in accordance with the National Environmental Policy Act of 1969 (NEPA), the regulations of the Council on Environmental Quality (CEQ) for implementing NEPA (40 Code of Federal Regulations [CFR] 1500-1508), and NPS Director's Order (DO) 12, Conservation Pla1111i11g. Environmelltal Impact Analysis, and Decision-making. The statements and conclusions reached in this finding of no significant impact (FONSI) are based on documentation and analysis provided in the EA and associated decision file. To the extent necessary, relevant sections of the EA are incorporated by reference below.
SELECTED ALTERNATIVE Based on the analysis presented in the EA, the NPS selected Alternative B: Action Alternative (pages 8 through 13 the EA) with the Freestanding Sculpture Option and Island Walkway Option for implementation. The selected alternative will remove the existing cascade fountain and kiosk and add a commemorative sculpture that includes a fountain, a walkway through the pool, and an elevated interpretive area. The selected alternative will also modify vegetation and remove small-scale features: the granite trash enclosures and the drinking fountains. These elements are described below. The Selected Action will retain the site's existing circulation framework and access with minor modifications to the ramps connecting the General Pershing Commemorative Work to the south side of the upper terrace and tree grove along Pennsylvania Avenue NW to improve universal accessibility. The existing cascade fountain will be removed and the granite steps extended through the former fountain structure location. The six granite planters on the western edge of the pool will shift to align with the sculpture fountain. A freestanding 56.5-foot long commemorative sculpture fountain will be inserted into the pool between the pool's western edge and the proposed walkway. The eastern face of the commemorative sculpture will include a high relief sculpture with a fountain below, while the western face will include an etched quotation and a full height cascade fountain. Water will flow from the top of the sculpture fountain and cascade over the west face down to the pool to generate a sound and a cooling effect in a manner consistent with the original design of the historic fountain. The existing pool basin will be modified to accommodate a walkway through the water. The island walkway (page 10 of the EA) will extend along the southern, northern, and western portions of the pool with a central entry point at the east side of the pool. The tree planters at the eastern edge of the pool and one tree planter to the east of the pool on the lower plaza will be modified to accommodate the walkway. The island walkway will enclose a scrim of water, 0.25 inches in depth, and set to be coplanar with the walkway itself. The exterior perimeter of the pool basin, along the pool edges will contain water at a depth of approximately 16 inches. The basin's existing concrete material will be replaced by dark granite. The walkway across the pool will be the same dark granite material; the walkway may be elevated slightly above the water or coplanar with the water surface.
Finding of No Significant Impact The Selected Action will remove and replace all vegetation in-kind or with compatible vegetation, cultivars, or species, alter the configuration of planting beds throughout the park, and reduce the total number of trees from the Oehme van Sweden planting plan to provide more soil volume per tree and increase tree viability. Details of the vegetation modifications are described in detail on page 12 of the EA. The Selected Action will replace the circular metal and plastic kiosk with an elevated interpretive overlook (referred to as the belvedere), which will offer a semi-enclosed area from which to view the park. The design will remove the elevator from associated with the kiosk, remove and replace the existing wall with a larger footprint to accommodate an accessible ramp, and install a new stone cap. The Selected Action will retain the General Pershing Commemorative Work in its current condition and location. The Bex Eagle will also remain in its current location. The Selected Action will remove the granite trash enclosures and replace the drinking fountains. A flagstaff will be placed in the northwest berm, near the edge of the existing wall bordering the amphitheater-style steps. The face of the eastern existing wall of the northwest berm will include an etched quotation. A door will be added to the southern wall of the northwest berm to provide access to below grade spaces. The eastern and southern edges of the northwest berm will be elevated to accommodate access to below grade spaces.
RATIONALE FOR DECISION The NPS selected Alternative B for implementation because it best meets the purpose and need of the World War I Memorial, as it further honors the service members of the U.S. Armed Forces in World Wm I by enhancing the General John J. Pershing Commemorative Work as a national World War I Memorial by constructing appropriate sculptural and commemorative elements, including landscaping as provided within Public Law 113-291.
ALTERNATIVES CONSIDERED Alternatives considered during this planning process are described in detail in Appendix A of the EA.
MITIGATION MEASURES The selected alternative incorporates the mitigation measures listed in Attachment A of this document. FINDING OF No SIGNIFICANT IMPACT As documented in the EA, the selected alternative has the potential for adverse impacts on cultural landscape, however, the NPS has determined that the selected alternative can be implemented without significant adverse effects, as defined in 40 CFR § 1508.27. Implementing the selected alternative will result in detectable long-term adverse impacts on cultural landscapes. Changes to the site's spatial organization, omnidirectional views, built features (including water features), vegetation, and small-scale built features, will result in detectable long-term adverse impacts on the former Pershing Park, and therefore the Pennsylvania Avenue, NW - White House to the Capitol Cultural Landscape. The selected alternative will replace the existing cascade fountain with a freestanding commemorative sculpture fountain, place a central island walkway across the pool basin, remove steps and planters, replace vegetation, and remove trash cans. However, several of the site's missing functions and characteristics will be reinstated. The selected alternative will retain pool basin footprint, repair the pool to be operational, and replace the cascading water in the pool basin, which is currently dry. Although the fountain feature will change, the Freestanding Sculpture Option will recreate a focal feature at the western portion of the pool. The fountain will help create ambient noise and visual interest that can be seen and heard from various points around the park, recreating a condition that is similar to the original design of Pershing Park. Modifications to the ramps to improve universal accessibility will be undertaken in a manner that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and will not substantively alter the spatial organization or character-defining features of the park. All vegetation will be replaced in-kind or with
Finding of No Significant Impact 2 compatible vegetation, cultivars, or species. Although the total number of trees from the Oehme van Sweden planting plan will be reduced, the reduction will result in more soil volume per tree and increased tree viability. Temporary changes to the Pennsylvania Avenue street trees will occur during construction when the trees are replaced. However, these changes will be consistent with the Secreta1y of the Interior's Standards for the Treatment of Historic Properties because the trees will be replaced in-kind. The selected alternative includes the construction of new elements within the site that will expand the commemorative experience, expand circulation, and reinstate the intended experience of a pool and fountain. These improvements will temporarily prohibit visitor use at the site during construction, resulting in temporary noticeable adverse impacts on visitor use and experience during construction; however, the impacts will be short-lived.
PUBLIC INVOLVEMENT/AGENCY CONSULTATION Throughout the planning process, the World War I Centennial Commission (WWICC) and NPS have coordinated with multiple agencies and members of the public, including through the public scoping, the Section 106 historic preservation review, and the design review processes. The following summarizes the coordination that has taken place. A public scoping period for the EA for the memorial design was held in May 2015, coinciding with the initiation of the design competition. The public was invited to comment on the proposed establishment of the World War I Memorial within the former Pershing Park and to identify potential issues or concerns for consideration in the EA. At that time, the WWICC and NPS received comments from multiple organizations, as well as individuals. The EA was released for public comment on December 17, 2018 and ran through February 20, 20 I 9. The comment period was extended due to the partial lapse of appropriations, which began on December 22, 2018 and lasted through February 27, 2019. The comment period was extended to account for the 35 day partial lapse of appropriations. In addition, the WWICC and NPS have held seven Section 106 consulting parties meetings, the first of which occurred in December 2015, prior to the selection of a design concept. Since that time, the design concept has evolved to avoid and minimize adverse effects to contributing features of historic properties, including Pershing Park, which was determined eligible for listing in the National Register of Historic Places. Consulting parties have reached consensus that an adverse effect to Pershing Park will occur; the WWICC and NPS are have identified minimization and mitigation strategies and signed a memorandum of agreement (MOA). Both the National Capital Planning Commission (NCPC) and U.S. Commission of Fine Arts (CFA) have reviewed the design concept on multiple occasions. NCPC has reviewed the design concept four times, between November 2016 and October 2018, providing comments. CFA has reviewed the design multiple ti mes between December 2015 and November 2018. CFA granted concept approval in May 2017 and revised concept approval in July 20 I 8.
Finding of No Significant Impact 3 CONCLUSION As described above, the selected alternative does not constitute an action meeting the criteria that normally requires preparation of an environmental impact statement (EIS). The selected alternative will not have a significant effect on the human environment in accordance with Section I 02(2)(c) of NEPA. Based on the foregoing, it has been detennined that an EIS is not required for this project and, thus, will not be prepared.
Recommended: ~{ o., / z_oI t7_ ~ Jeffrey . Rembold Date uperintendent National Mall and Memorial Parks National Capital Region
Approved: Lisa A. Mendelson-lelmini Date Acting Regional Director National Capital Region
Documents appended to the FONSJ include; • Attachment A: Mitigation Measures • Attachment B: Non-impairment determination; • Attachment C: Response to public comments: • Attachment D: Section 106 coordination letters
Findmg of No s;gnificant lmpact4 ATTACHMENT A: MITIGATION MEASURES
CULTURAL LANDSCAPES In order to mitigate potential impacts on cultural landscapes, a Memorandum of Agreement (MOA) between the WWICC, NPS, DC State Historic Preservation Office (SHPO), and other parties as appropriate will be undertaken to identify measures to mitigate impacts on Pershing Park, and include the following strategies: DESIGN REVIEW The NPS shall review the final design documentation after approval by NCPC and CFA, focusing on any substantive changes from the design as presented at the February 25, 2019 Consulting Parties meeting and at the February 7, 2019 NCPC meeting, at which time NCPC approved the preliminary memorial and site development plans, and make a determination as to whether the proposed final design may result in new adverse effects that have not already been resolved and/or the intensification of known adverse effects on historic properties. If the NPS determines that a new or intensified adverse effect will result, the Signatories and Consulting Parties will consult fu1ther to determine whether additional mitigation and/or an amendment to thb Agreement will be necessary. MINIMIZATION • Structural Elements: New paving or other stone elements shall contain materials consistent with the original design of the former Pershing Park as appropriate. The WWICC and the NPS shall retain the circular shape of the kiosk at the new belvedere. The WWICC and the NPS will continue to minimize the number and size of walkway connections to the pool edge. • Incorporation of Fountain: The WWICC and the NPS shall include a fountain in the design of the new commemorative sculpture in order to replicate the historic auditory experience and movement to the pooled water. • Treatment of Vegetation: The WWICC and the NPS shall replace vegetation at the site in-kind, i.e. with same or like vegetation, or with vegetation that adheres to the planting strategies and framework to perpetuate the historic landscape design, to the ex.tent practicable with current NPS policies (i.e. non-invasive and native and devoid of neonictonoids), as shown in Appendix A. The soils will be amended within planting areas, including planters, the quantity of trees per planter will be reduced in some planters, and plant spacing will be improved to increase soil volume per tree and maximize the long-term viability of vegetation based on Best Management Practices. MITIGATION • Treatment of General Pershing Commemorative Work Text: The WWICC and the NPS shall improve the readability of the existing General Pershing Commemorative Work. These improvements will re-letter the remaining poorly legible text in a manner consistent with improvements undertaken in 2018. • NRHP Nomination: Prior to the issuance of a construction permit, the WWICC shall provide funding not to exceed $25,000 for the NPS, under the appropriate authority, to contract with a qualified consultant meeting the Secretary of the Interior's Professional Qualification Standards to prepare an NRHP nomination for the World War [ Memorial in order to document the site's history, changes to the site, and the various elements of the World War I Memorial. • Historic American Landscape Survey Documentation: Prior to the issuance of a construction permit, the WWICC shall provide funding not to exceed $45,000 for the NPS to contract with a qualified consultant meeting the Secretary of the [nterior' s Professional Qualification Standards to complete Level I Historic American Landscape Survey (HALS) documentation as specified in the Heritage Documentation Programs standards (Drawings: full set of measured drawings depicting existing conditions; Photographs: photographs with large-format negatives of views; photocopies
Mitigation Measures 5 with large-format negatives of select, existing drawings or historic views that are produced in accordance with U.S. Copyright Act; Written data: history and description). • Modernist Landscape Context Study: Prior to the issuance of the construction permit, the WWICC shall provide funding not to exceed $25,000 for the NPS to contract with a qualified consultant meeting the Secretary of the Interior's Professional Qualification Standards to develop a contextual study building upon existing surveys of publicly accessible Modernist Landscapes in Washington, DC. The study will consider the timeline of landscapes, identify key features of the style, and begin to identify relationships between them. The NPS shall provide a draft document for DC SHPO and NCPC comment prior to finalizing the document. This information will be made available to the public through an NPS website or other electronic means.
Non•lmpairment Determination 6 ATTACHMENT B: NON-IMPAIRMENT DETERMINATION By enacting the National Park Service (NPS) Organic Act of 1916 (Organic Act), Congress directed the US Department of the Interior and NPS to manage units "to conserve the scenery and the natural and historic objects and wild life therein and to provide for the enjoyment of the same in such a manner and by such a means as will leave them unimpaired for the enjoyment of future generations" (54 United States Code [USC] l00101). Congress reiterated this mandate in the Redwood National Park Expansion Act of 1978 by stating that NPS must conduct its actions in a manner that wil I ensure no "derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress" (54 USC 100101 ). The NPS Management Policies 2006, Section I .4.4, explains the prohibition on impairment of park resources and values: While Congress has given the Service the management discretion to allow impacts within parks, that discretion is limited by the statutory requirement (generally enforceable by the federal courts) that the Park Service must leave park resources and values unimpaired unless a particular law directly and specifically provides otherwise. This, the cornerstone of the Organic Act, establishes the primary responsibility of the NPS. It ensures that park resources and values will continue to exist in a condition that will allow the American people to have present and future opport1111itiesfor enjoyment of them. NPS has discretion to allow impacts on park resources and values when necessary and appropriate to fulfill the purposes of a park (NPS Management Policies 2006, Section 1.4.3). However, NPS cannot allow an adverse impact that will constitute impairment of the affected resources and values (Section 1.4.3 ). An action constitutes an impairment when its impacts "harm the integrity of Park resources or values, including the opportunities that otherwise will be present for the enjoyment of those resources or values" (Section I .4.5). To determine impairment, NPS must evaluate "the particular resources and values that will be affected; the severity, duration, and timing of the impact; the direct and indirect effects of the impact; and the cumulative effects of the impact in question and other impacts" (Section 1.4.5). The World War I Memorial Environmental Assessment analyzes impacts to cultural landscapes and visitor use and experience. NPS Guidance for Non-Impairment Determinations and the NPS NEPA Process states that: The impairment determination does not include discussion of impacts to visitor experience, socioeco11omics, public health and safety, enviro11me11taljustice, land use, park operations, etc., as those do not constitute impacts to park resources and values subject to the non-impairment standard. As a result, for purposes of this document, impairment findings are required for cultural landscapes.
CULTURAL LANDSCAPES Cultural landscapes at the World War I Memorial site include Pershing Park and the Pennsylvania Avenue, NW - White House to the Capitol. The replacement of the existing cascade fountain with a freestanding commemorative sculpture fountain, placement of a central island walkway across the pool basin, removal of steps and planters, replacement of vegetation, and removal of the trash cans under the preferred alternative would have noticeable adverse impacts on cultural landscapes. However, several of the site's missing functions and characteristics would be reinstated. The preferred alternative would retain pool basin footprint, repair the pool to be operational, and replace the cascading water in the pool basin, which is currently dry. Although the fountain feature would change, the Freestanding Sculpture Option would recreate a focal feature at the western portion of the pool. The fountain would help create ambient noise and visual interest that can be seen and heard from various points around the park, recreating a condition that is similar to the original design of Pershing Park. Modifications to the ramps to improve universal accessibility would be undertaken in a manner that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and would not substantively alter the spatial
Non-Impairment Determination 7 organization or character-defining features of the park. All vegetation would be replaced in-kind or with compatible vegetation, cultivars, or species. Although the total number of trees from the Oehme van Sweden planting plan would be reduced, the reduction would result in more soil volume per tree and increased tree viability. Temporary changes to the Pennsylvania Avenue street trees would occur during construction when the trees are replaced. However, these changes would be consistent with the Secretmy of the Interior's Standards for the Treatmellf of Historic Properties because the trees will be replaced in kind. Overall, the preferred alternative would have noticeable adverse impacts on the cultural landscapes of Pershing Park and the Pennsylvania Avenue, NW - White House to the Capitol. However, the adverse impacts would not diminish the integrity of the cultural landscape and would enhance opportunities for enjoyment of the cultural landscape within the World War I Memorial site. Therefore, there will be no impairment to the park's resources related to cultural landscapes because no major, long-term adverse impacts to those resources would occur from implementation of the preferred alternative.
Non-Impairment Determination 8 MEMORANDUM OF AGREEMENT AMONG THE NATIONAL PARK SERVICE THE WORLD WAR I CENTENNIAL COMMISSION THE DISTRICT OF COLUMBIA STATE HISTORIC PRESERVATION OFFICER THE NATIONAL CAPITAL PLANNING,COMMISSION AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION REGARDING THE ESTABLISHMENT OF THE NATIONAL WORLD WAR I MEMORIAL WASHINGTON, DC
. ~ , This Memorandum of Agreement ("MOA'') is made as of this JQ_day of !/rp_l/1 &'· , 2019, by and among the National Park Service (NPS), the World War I Centennial Commission, the District of Columbia State Historic Preservation Officer (DC SHPO), the National Capital Planning Commission (NCPC), and the Advisory Council on Historic Preservation (ACHP) (referred to collectively herein as the "Parties" or "Signatories" or individually as a "Party" or "Signatory"), pursuant to Section 106 of the National Historic Preservation Act ("NHPA"), 54 U.S.C. §§ 306108, and its implementing regulations 36 1 CFR Part 800 ("Section 106 ') regarding the Establishment of the National World War I Memorial in Washington, DC; and .
WHEREAS, through Public Law 113-291, 3091 Stat. 3292 (December 19, 2014), the U.S. Congress redesignated Pershing Park In the District of Columbia as a World War I Memorial; and
WHEREAS, through Public Law 113-291, 3091 Stat 3292, the U.S. Congress has authorized the World War I Centennial Commission (WWICC) to enhance the General Pershing Commemorative Work on the World War I Memorial site by constructing appropriate sculptural and other commemorative elements, including landscaping, to further honor the service of members of the United States Armed Forces in World War I; and
WHEREAS, the World War I Memorial site is located within the Pennsylvania Avenue National Historic Site (Pennsylvania Avenue NHS), which Is under the jurisdiction of the National Mall and Memorial Parks (NAMA), a unit of the National Park Service (NPS); and
WHEREAS, after detailed study of various alternatives to avoid and minimize adverse effects of the proposed World War I Memorial, the NPS has defined the preferred option as the Proposed Action in the World War I Memorial Assessment of Effects, as reflected in the plans attached hereto as Appendix A;and
WHEREAS, the World War I Memorial would result in a cumulative adverse effect on the Pershing Park due to the following actions:
• Removal of the existing cascade fountain structure; • Alteration of the materials of the existing pool basin and modification of its depth; • Insertion of a freestanding commemorative sculpture in the pool basin; • Replacement of the circular metal and plastic kiosk with an elevated interpretive viewing platform; and
1 Memorandum of Agreement The Establishment of the National World War I Memorial
● Modification, replacement, or removal of existing vegetation
WHEREAS, the proposed World War I Memorial constitutes a federal Undertaking subject to Section 106 of the NHPA; and
WHEREAS, pursuant to Section 106, federal agencies must take into account the effects of their undertakings on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places, and afford the ACHP a reasonable opportunity to comment; and
WHEREAS, the NPS is entering into this Memorandum of Agreement (Agreement) pursuant to 36 CFR 800.6(c) to fulfill its responsibilities under Section 106; and
WHEREAS, the Memorial is being established pursuant to the Commemorative Works Act, 40 USC Chapter 89 (CWA); and
WHEREAS, the CWA requires that memorials are designed and located to protect open space (40 USC 8905), and cultural and natural resources (40 USC 8905(b)(2)(B)) to the extent practicable; and
WHEREAS, the National Capital Planning Commission (NCPC) has approval authority over the proposed World War I pursuant to the CWA, and NCPC is required to comply with Section 106 of the NHPA; and
WHEREAS, the NPS and NCPC have agreed that the NPS will be the lead agency pursuant to 36 CFR 800.2(a) (2) for the Undertaking to fulfill their collective Section 106 responsibilities; and
WHEREAS, the NPS initiated Section 106 consultation with the District of Columbia State Historic Preservation Officer (DCSHPO) on May 1, 2015; and
WHEREAS, the NPS has consulted with other parties including, but not limited to, the US Commission of Fine Arts (CFA), the Committee of 100 on the Federal City, the National Trust for Historic Preservation, the DC Preservation League, and the Cultural Landscape Foundation (see Appendix C for complete list of consulting parties); and
WHEREAS, the NPS notified the public and conducted a combined National Environmental Policy Act (NEPA) scoping and Section 106 consultation meeting on May 20, 2015, to inform the public of the World War I Memorial and solicit comments, followed by Section 106 consultation meetings held on December 16, 2015; September 21, 2016; February 9, 2017; June 28, 2017; February 13, 2018; November 5, 2018 ; and February 25, 2019 to provide additional opportunities for the Consulting Parties to comment on historic preservation concerns regarding the World War I Memorial; and
WHEREAS, in accordance with 36 CFR 800.4, the NPS and DCSHPO defined the Undertaking’s Area of Potential Effects (APE) to include the structures, buildings, cultural landscapes, and viewsheds surrounding the project area and to encompass the geographic areas within which the Undertaking may directly or indirectly cause alterations in the character or use of historic properties, as shown in Appendix B; and
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WHEREAS, Pershing Park, the name by which the World War I Memorial site was formerly known, was determined individually eligible for listing in the National Register of Historic Places (NRHP) because it is a signature designed landscape by M. Paul Friedberg, one of American landscape architecture’s most accomplished designers; it includes an overlay planting design by the noted landscape architecture firm of Oehme van Sweden; it demonstrates a high degree of integrity in location, design, and setting; it and contains original plant materials, including trees, lawn, grasses, and flowers; it , contains contributing features of historic, architectural, and symbolic significance in the Pennsylvania Avenue National Historic Site, a property listed in the NRHP; and because it contains contributing features in the Pennsylvania Avenue, NW-White House to the Capitol Cultural Landscape, which has been determined eligible for the NRHP; and
WHEREAS, the WWICC and the NPS substantially minimized the changes to the park from the initial design concept by adhering to the Secretary of Interior’s Standards for the Treatment of Historic Properties as closely as possible; retaining the berms, the General Pershing Commemorative Work, the Bex Eagle sculpture, and much of the spatial relationship, seating, paving, vegetation, views and vistas, and sound of the fountain; and by minimizing the length of the commemorative sculpture, as shown in Appendix C; and
WHEREAS, the NPS, in consultation with the WWICC, DCSHPO, NCPC and the Consulting Parties, has determined that the Undertaking will have adverse effects on the World War I Memorial site (formerly Pershing Park), as described in the Summary of Adverse Effects Determination in Appendix E; and
WHEREAS, in accordance with 36 CFR 800.6(a)(1), the NPS has notified the Advisory Council on Historic Preservation (ACHP) of the adverse effects determination and provided the documentation specified in 36 CFR.11(3) and the ACHP elected to participate in the consultation; and
WHEREAS, the Signatories to this Agreement are the NPS, WWICC, NCPC, DCSHPO and ACHP; and
WHEREAS, the NPS submitted the concept design for the World War I Memorial to the NCPC on June 9, 2017 and on August 30, 2018, and the NCPC provided comments on the concept design on July 13, 2017 and October 4, 2018 respectively, and NPS subsequently submitted the revised concept for the World War I Memorial to the NCPC on December 7, 2018, and the NCPC approved the preliminary memorial and site development plans on February 7, 2019; and
WHEREAS, on July 5, 2018 the NPS submitted the revised concept design for the World War I Memorial to the CFA, and on July 19, 2018 “… the [CFA] members commented that the presentation demonstrated that the new commemorative purpose and the preservation of the historic park are not antithetical goals, and that the insertion of the freestanding sculpture wall at the western end of the central pool would successfully reinterpret the existing landscape. They also endorsed the project team's preferred configuration of creating a large paved area or viewing platform within the historic pool, bordered by a significant perimeter of water;” and
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WHEREAS, the NPS has released for public review and comment the World War I Memorial Environmental Assessment, which analyzed the potential environmental impact from the World War I Memorial; and
NOW, THEREFORE, the NPS and Signatories agree that the Undertaking shall be carried out in accordance with the following stipulations in order to take into account the effects of the Undertaking on historic properties.
STIPULATIONS
The WWICC, the NPS and NCPC shall ensure that the following measures are carried out:
1. DESIGN REVIEW The NPS shall review the final design documentation after approval by NCPC and CFA, focusing on any substantive changes from the design as presented at the February 25, 2019 Consulting Parties meeting and at the February 7, 2019 NCPC meeting, at which time NCPC approved the preliminary memorial and site development plans, and make a determination as to whether the proposed final design may result in new adverse effects that have not already been resolved and/or the intensification of known adverse effects on historic properties. If the NPS determines that a new or intensified adverse effect will result, the NPS shall immediately notify the Signatories and Consulting Parties and will consult further to determine whether additional mitigation and/or an amendment to this Agreement will be necessary. Any such amendment will be addressed in accordance with Administration Stipulation 5.d.
2. MINIMIZATION a. Structural Elements
New paving or other stone elements shall be materials consistent with the original design of the former Pershing Park as appropriate. The WWICC and the NPS shall retain the circular shape of the kiosk at the new belvedere. The WWICC and the NPS will continue to minimize the number and size of walkway connections to the pool edge.
b. Incorporation of Fountain
The WWICC and the NPS shall include a fountain in the design of the new commemorative sculpture in order to replicate the historic auditory experience of moving water and movement to the pooled water.
c. Treatment of Vegetation
The WWICC and the NPS shall replace vegetation at the site in-kind (i.e. with same or like vegetation), or with vegetation that adheres to the planting plan and that perpetuates the historic landscape design to the extent practicable with current NPS policies (i.e. non-invasive and native), as shown in Appendix A.
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3. MITIGATION a. Treatment of General Pershing Commemorative Work Text
The WWICC and the NPS shall improve the readability of the existing General Pershing Commemorative Work. These improvements will re-letter the remaining poorly legible text in a manner consistent with improvements undertaken in 2018. b. NRHP Nomination
Prior to the issuance of a construction permit, the WWICC shall provide funding not to exceed $25,000 for the NPS, under the appropriate authority, to contract with a qualified consultant meeting the Secretary of the Interior’s Professional Qualification Standards to prepare an NRHP nomination for the World War I Memorial in order to document the site’s history, changes to the site, and the various elements of the World War I Memorial. c. Historic American Landscape Survey Documentation
Prior to the issuance of a construction permit, the WWICC shall provide funding not to exceed $45,000 for the NPS to contract with a qualified consultant meeting the Secretary of the Interior’s Professional Qualification Standards to complete Level I Historic American Landscape Survey (HALS) documentation as specified in the Heritage Documentation Programs standards (Drawings: full set of measured drawings depicting existing conditions; Photographs: photographs with large-format negatives of views; photocopies with large-format negatives of select, existing drawings or historic views that are produced in accordance with U.S. Copyright Act; Written data: history and description). The field work, including photographs and measurements, for the HALS documentation shall be completed before any work on the site is carried out. d. Modernist Landscape Context Study
Prior to the issuance of the construction permit, the WWICC shall provide funding not to exceed $25,000 for the NPS to contract with a qualified consultant meeting the Secretary of the Interior’s Professional Qualification Standards to develop a contextual study building upon existing surveys of publicly accessible Modernist Landscapes in Washington, DC. The study will consider the timeline of landscapes, identify key features of the style, and begin to identify relationships between them. The NPS shall provide a draft document for DC SHPO and NCPC comment prior to finalizing the document. This information will be made available to the public through an NPS website or other electronic means.
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e. Interpretative Materials
The WWICC and the NPS shall prepare interpretative materials covering the development and history of the World War I Memorial site, including the M. Paul Friedberg design, for use at the site as part of physical improvements and as part of an on-line database with the District of Columbia Office of Planning. The WWICC and the NPS shall provide drafts of the interpretive materials for DC SHPO and NCPC comment prior to finalizing the document. The type of materials produced and their method of distribution shall be determined by the Interpretation Division of NAMA. Historical interpretation shall be incorporated into the Memorial Site before the Memorial is opened to the public. f. Donation of PADC Pavers
The WWICC shall obtain a stock of new 8” x 8” PADC custom pavers and provide them to the NPS to assist in ongoing replacement and maintenance of the Pennsylvania Avenue NHS. The new stock shall include up to 300 new pavers.
4. ARCHEOLOGY AND UNANTICIPATED DISCOVERIES a. Post Review Discovery of Historic Properties.
Should historic properties including archeological resources be unexpectedly identified during the implementation of the Project or any actions taken pursuant to this Agreement, NPS shall immediately stop work in the location and contact NCPC and DC SHPO to report the discovery. NPS will consult with NCPC and DC SHPO to ensure that reasonable efforts are made to avoid, minimize, or mitigate adverse effects to such properties. NPS shall ensure that any resulting cultural resources work is accomplished in accordance with the relevant performance standards in Stipulation I, including the District of Columbia’s Guidelines for Archaeological Investigations, applicable Secretary of Interior’s Standards, and following appropriate ACHP guidance. Any dispute on the treatment of resources will be handled in accordance with Stipulation 5.c. b. Treatment of Human Remains.
In the event that human remains, burials, or funerary objects are discovered during construction of the Project or any action taken pursuant to this MOA, NPS shall immediately halt subsurface construction disturbance in the area of the discovery and in the surrounding area where additional remains can reasonably be expected to occur and shall immediately notify NCPC, DC SHPO, and the District of Columbia Chief Medical Examiner (“CME”) of the discovery under DC Code Section 5-1406 and other applicable laws and regulations.
If the CME determines that the human remains are not subject to a criminal investigation by federal or local authorities, NPS shall comply with the applicable federal or local laws and regulations governing the discovery and disposition of human remains and consider the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funerary Objects (2007).
6 Memorandum of Agreement The Establishment of the National World War I Memorial
For actions involving Native American human remains or burials, NPS and shall comply with applicable laws in accordance with provisions of the Native American Graves Protection and Repatriation Act, as amended (Public Law 101-601, 25 USC 3001 et seq) and regulations of the Secretary of the Interior at 43 CFR Part 10.
5. ADMINISTRATION a. Reporting. The NPS will update the Signatories, the Consulting Parties, and the public on the actions taken to implement the terms of this Agreement and the status of the World War I Memorial by providing an annual report on or before the effective date of this Agreement. Annual reports shall be developed for the duration of this Agreement and posted on PEPC, at a minimum. The NPS shall notify the Signatories and Consulting Parties identified in Appendix D via email, and the public when such annual reports are available. b. Duration. This Agreement will be valid for a period of seven (7) years from the date of execution by the last Signatory. If the World War I Memorial has not been fully constructed and/or all of the mitigation measures in this Agreement have not been implemented after five (5) years from the date of execution, the Signatories and Consulting parties shall reconsider the terms of this Agreement. c. Dispute Resolution. Should any Signatory object in writing to the NPS regarding any action carried out in accordance with this Agreement, the Signatories and Consulting Parties shall consult to resolve the objection. Should the Signatories be unable to resolve the disagreement, the NPS shall forward its background information on the dispute as well as the NPS’s proposed resolution of the dispute to the ACHP. Within 45 days after receipt of all pertinent documentation, the ACHP shall provide the NPS with written recommendations, which the NPS shall take into account in reaching a final decision regarding the dispute, or notify the NPS that it shall comment pursuant to 36 CFR 800.7(c) and then proceed to comment. The NPS shall take the ACHP comments into account, in accordance with 36 CFR 800.7(c)(4). Any ACHP recommendation of comment shall be understood to pertain only to the subject matter of the dispute; the NPS’s responsibility to carry out all actions under this Agreement that are not subjects of the dispute shall remain unchanged. d. Amendments. This Agreement may be amended when an Amendment is agreed to in writing by all Signatories. The Amendment will be effective on the date of the last signature. e. Termination. If any Signatory to this Agreement determines that the terms of the Agreement cannot be or are not being carried out, that party shall so notify the other Signatories and Consulting Parties in writing and consult with them to seek resolution or Amendment of the Agreement. If within 60 days a resolution or Amendment cannot be reached, any Signatory may terminate the Agreement upon written notification to the other Signatories. If the Agreement is terminated, and prior to work continuing on the Undertaking, the NPS must either execute a new Agreement or comply with 36 CFR Part 800 for any aspects of the World War I Memorial that have not yet been completed. The NPS will notify each Signatory as to the course of action it will pursue.
7 Memorandum of Agreement The Establishment of the National World War I Memorial
f. Anti-Deficiency Act. The obligations of federal agencies under this Agreement are pursuant to 31 USC 1341(a)(1), therefore nothing in this Agreement shall be construed as binding the United States to expend in any one fiscal year any sum in excess of appropriations made by Congress for this purpose, or to involve the United States in any contract or obligation for the further expenditure of money in excess of such appropriations.
g. Electronic Copies. Within one (1) week of the last signature on this Agreement, the NPS shall provide each Signatory with one legible, color, electronic copy of this fully-executed Agreement and all of its attachments. Internet links shall not be used as a means to provide copies of the attachments since web-based information often changes. If the electronic copy is too large to send by email, the NPS shall provide each Signatory with a copy of this Agreement on an external digital storage device.
Execution of this Agreement and the implementation of its terms evidence that the NPS and NCPC have taken into account the effects of the Undertaking on historic properties and afforded the ACHP a reasonable opportunity to comment, and thereby satisfy their Section 106 responsibilities.
SIGNATURES FOLLOW ON SEPARATE PAGES
ATTACHMENTS Appendix A: Preferred Alternative Appendix B: Project Area and Area of Potential Effect Appendix C: Evolution of World War I Memorial Design Appendix D: List of Consulting Parties Appendix E: Summary of Adverse Effects Determination
8 Memorandum of Agreement The Establishment of the National World War I Memorial
SIGNATORY PAGE
World War I Centennial Commission
C 04/05/2019
Daniel Dayton Date
Executive Director, World War I Centennial Commission
9 Memorandum of Agreement The Establishment of the National World War I Memorial
SIGNATORY PAGE
NATIONAL PARK SERVICE
Date
Acting Superintendent, National Mall and Memorial Parks, National Park Service
10 Memorandum of Agreement The Establishment of the National World War I Memorial
SIGNATORY PAGE
DC STATE HISTORIC PRESERVATION OFFICER
David Maloney Date
District of Columbia State Historic Preservation Officer
11 Memorandum of Agreement The Establishment of the National World War I Memorial
SIGNATORY PAGE
NATIONAL CAPITAL PLANNING COMMISSION
Marcel Acosta Date
Executive Director, National Capital Planning Commission
12 Memorandum of Agreement The Establishment of the National World War I Memorial
SIGNATORY PAGE
ADVISORY COUNCIL ON HISTORIC PRESERVATION
John M. Fowler Date
Executive Director, Advisory Council on Historic Preservation
13
Page Intentionally Left Blank
14 Memorandum of Agreement The Establishment of the National World War I Memorial
Appendix A: Preferred Alternative Site Plan and Planting Plan
UPPER TERRACE e GENERAL PERSHING COMMEMORATIVE WORK LOWER PL AZA C, BELVEDERE
POOL BASIN • FLAGSTAFF
SCULPTURE+ FOUNTAIN E) WALKWAY
0 SCRIM
N
Pennsylvania Avenue NW EB
15 Memorandum of Agreement The Establishment of the National World War I Memorial
- Berm Trees: Amend soil and replace in kind PROPOSED CANOPY (TREE ZONES MAP} Terrace Planters: Amend+ expand soil volumes and replace with similar
Lower Plaza Planters: Amend+ expand soil volume and replace with alternate species
Specimen Tree: Restore with alternate species - and expand soil volume PA Ave Trees: Amend soil+ expand soil - volume and replace in kind as needed Street Trees: Amend + expand soil volume and replace in kind as needed
N 15' 30' Pennsylvania Avenue NW • • NORTH Scale: 1"; 30'-0" EB
16 Memorandum of Agreement The Establishment of the National World War I Memorial
Appendix B: Project Area and Area of Potential Effect
LEGEND 4. BenjaminOgle TayloeHouse 21 . Warner Theater Building 5. Union Trust Company 22. Evening Star Building L___ J Project Site 6. Treasury Annex 23. Old Post Office and Clock Tower [ =] Area of Potential Effect (APE) 7- Riggs National Bank 24. District Building (John A. Wilson Bldg) 8. American Security & Trust Co. 25. Washington Monument : • • • : Lafayette Square Historic District 9. Rheem & Hensey Building 26. Bullfinch Gatehouses I Gateposts : : : : : Ff th S t F · I H. t · o· t · t 1 O. Hibbs Building (Folger Building) 21. The Ellipse (President's Park South) : • • • : i teen tree inanc1a is one is nc 11. National Savings and Trust Co. 28. U.S. Department of the Treasury Building j - j Pennsylvania Avenue National Historic (National Safe Deposit Co.) 29. White House and Grounds , _ • Site District 12. Bond Building 30. U.S. State, War, and Navy Building C ~ Federal Triangle Historic District 13. Commercial National Bank 31 . Carnegie Endowment for International Peace 14. Riggs Building (Albee Building) 32. Blair House ~ Pennsylvania Avenue, NW-White House 15_ National Metropolitan Bank 33. Renwick Gallery to the Capitol Cultural Landscape 16. Garfinckel's (Julius Garfinckel & Co.) 34. American Peace Society (Charles Glover House) c:::I:J Individually Listed Historic Properties _ Federal-American National Bank 17 * Pershing Memorial 1. Stephen Decatur House 18. Westory Building 0 Memorials in Washington, DC - Multiple 2. Lafayette Square 19. Hotel Washington * L'Enfant Plan 3. Cutts-Madison House (Dolly Madison House) 20. Willard Hotel ..V iew • - <.sa-. •
I ~ m, I- EST NW ·- :il · "' ESl'NW INDIANAAVENW
I ._I___ ~ r--~-=_.'"'.w;:;•:;:"'~'l!":=:- ---, ~ _,o,____ ""s o"'o___ 1 ,ooo JEFFERSON DRSW :c ----""~------....• --'"-'
17 Memorandum of Agreement The Establishment of the National World War I Memorial
Appendix C: World War I Memorial Design Evolution to Minimize Adverse Effects
December• 1 6, 2015 September• 2 1, 2016 February• 9, 2017 June 28, • 2017 February • 13, 2018 Novembe •r 5, 2018 ••••••••••• •••• :•:·s••,•·=· ...... • • • • • •., ...• • •:•:•:• ..• .. •. • • • •...... • • • • • • The Weight of Sacrifice Pool and Plaza Restored Pool Option A - Freestanding Wall U+Scrim
Scrim and Green Option B - Integrated Wall
18 Memorandum of Agreement The Establishment of the National World War I Memorial
Appendix D: List of Consulting Parties
Advisory Council on Historic Preservation
Advisory Neighborhood Commission 2C
American Society of Landscape Architects
Big Star Aquatics Construction
Cultural Tourism DC
DC Department of Public Works
DC Office of Planning
DC Preservation League
District of Columbia State Historic Preservation Office
Downtown DC BID
National Capital Planning Commission
National Coalition to Save Our Mall
National Trust for Historic Preservation
Oldest Inhabitants of the District of Columbia
Oliver Carr Company
Penn Quarter Neighborhood Association
The Committee of 100 on the Federal City
The Cultural Landscape Foundation
US Commission of Fine Arts
U.S. Environmental Protection Agency
U.S. General Services Administration
Washington Metropolitan Area Transit Authority
19 Memorandum of Agreement The Establishment of the National World War I Memorial
Appendix E: Summary of Adverse Effects Determination
Avoidance, Minimization, or Mitigation Resource Assessment Measures Minimized change to structural elements. Mitigated through donation of PADC pavers; Pennsylvania Avenue, NW – White House to Adverse effect preparation of NRHP nomination, HALS, and the Capitol Cultural Landscape interpretive materials; and changes to design identified (see below).
L’Enfant Plan of the City of Washington No adverse effect
Pennsylvania Avenue National Historic Site No adverse effect
Other Historic Properties within the APE No adverse effect Avoided changes within multiple areas of the Adverse effect; park. Minimized change through the retention cumulative adverse of multiple structural elements. Mitigated effect due to overall through compatible design for proposed Pershing Park changes to active, structural elements, preparation of NRHP multi-layered lush nomination, HALS, and interpretive materials; experience of park and changes to design identified for specific elements (see below).
Retained Pershing Memorial granite walls, bench, Avoided changes No adverse effect and statue Avoided changes Terra-cotta pavers No adverse effect Avoided adverse changes; will repair granite Memorial plaza granite flooring No adverse effect flooring. Minimized changes; will clean and repair. Belgian block paving No adverse effect Avoided adverse changes; will clean and Semi-circular alcoves No adverse effect repair. Avoided adverse changes; will clean and PADC lighting No adverse effect repair.
Removed Minimized through the circular shape of Kiosk Adverse effect belvedere. Minimized through the incorporation of falling Cascade fountain structure Adverse effect water into sculpture feature and use of similar stone.
Modified Minimized through maintain relationship of Spatial Organization Adverse effect three focal features, and retention of circulation patterns throughout the site. Avoided changing most planters. Minimized change by retaining number of planters. Granite planters Adverse effect Mitigated through placement of relocated planters and cleaning and repair of planters. Avoided changing most granite steps. Granite steps Adverse effect Minimized through cleaning and repair of
20 Memorandum of Agreement The Establishment of the National World War I Memorial
steps.
Minimized change to the depth of water along Pool basin Adverse effect edges of pool basin. Minimized through replacement of pool basin. Minimized through retention of open views. Omnidirectional views Adverse effect Minimized change through tree replacement, Honey locust trees over lawn on berms Adverse effect improvements to soil and growing conditions. Minimized change through tree replacement, Willow oaks above paving at NE corner Adverse effect improvements to soil and growing conditions. Willow oaks in planters on north side of Minimized change through tree replacement, Adverse effect pool improvements to soil and growing conditions. Minimized change through tree replacement, Crape myrtle trees Adverse effect improvements to soil and growing conditions. Minimized change through tree replacement, Birch trees Adverse effect improvements to soil and growing conditions. Lawn, native and naturalized grasses Minimized by compatible planting design, Adverse effect and perennials improvements to soil and growing conditions. Lighting along elevated walks and Minimized through selection of compatible Adverse effect Pershing Memorial lighting design and placement. Minimized through installation of new drinking Drinking fountain Adverse effect fountain.
Trash cans Adverse effect
21 ATTACHMENT C: PUBLIC COMMENT RESPONSES Topic Comment Response We do not need another memorial to WWI. There are plenty Comment noted. The National World of memorials now. The money that would be spent on this War I Memorial is privately funded. memorial should be used to take care of ALL veterans instead. I am most concerned that the World War I Memorial planned Comment noted. Public Law 113- for the site of Pershing Park will be ignored. Since we've 291 re-designated Pershing Park in Opposition to already waited 100 years to memorialize World War I in our the District of Columbia as a World Project nation's capital, [sic] why not build on what we have and War I Memorial. The World War I give more thought to creative ways of attracting visitors to it. Centennial Commission and the It is a large urban space in close proximity to the White National Park Service are developing House, the Treasury Department, the Ellipse and has an interpretive materials for the unparalleled view down Pennsylvania Avenue to the capital. memorial and i IS site. One such plan could involve teaming the memorial with another long overlooked service/attraction in the city, a centralized, easily accessible visitor center. I support your interest in a World War I Memorial in Comment noted. The World War I Washington DC but I respectfully and firmly ask and direct Centennial Commission has worked that you please coordinate this with the leadership of the with the National World War I World War I Museum in Kansas City. Museum in Kansas City to ensure coordinated messaging and interpretation. Relationship to I firmly disagree with the placement of the monument in the Comment noted. Public Law 113- other WWI district of Washington. I think the DC war memorial should 291 re-designated Pershing Park in Public Works be repurposed and refurbished. [t would cost less, and save the District of Columbia as a World that land that is currently planned for the memorial for futurn War I Memorial, and specifically development and green space. states that this project "may not interfere with or encroach on the District of Columbia War Memorial." The proposed World War I Memorial would maintain and improve the site as a park and green space. Frankly, the biggest improvement you could make to the Comment noted. Public Law 113- park is to change the name. John Pershing's obstinacy 291 re-designated Pershing Park in Renaming of resulted in more young men dying than necessary..... Honor the District of Columbia as a World Site all those who fought and died by changing the name to the War I Memorial. American Soldier Park. The Vietnam Veterans Memorial Fund offers its unequivocal Comment noted. support for the enhancements to Pershing Park and completion of the World War I Memorial .... These improvements will turn a liule-used area into a more vibrant gathering place of residents and visitors, improving our capital citv. Please accept the proposal. Comment noted. Why is it taking so long to complete this project? ... All these Comment noted. The proposed World Americans deserve a single place to [sic] be honored for War I Memorial is subject to the Support for what they did, and how they changed the world and Commemorative Works Act, the Project America, in doing so. Lest We Forget. National Environmental Policy Act, and the National Historic There should not be any further delay. Preservation Act. As a result, the project must comply with multiple aooroval processes. I think that the memorial is a really great idea. I remember Comment noted. the park being really bland, and nobody went there, last time I was in DC. I like the idea or replacing the current broken fountain with a new functioning one. What would the
Public Comment Responses 9 Tnpic Comment Response character; and replacement of perennials with those of reduction in the number of trees, the completely different size, color and character. Thus the replacement of trees and vegetation proposed changes in locations, quantities and kinds of plant in-kind or with compatible species, materials would constitute an adverse effect on vegetation. cultivars, or vegetation, and soil improvement strategies would not result in significant adverse impacts on vegetation." Considering that Pershing Park is in such a prominent At this time, no funding or location within the Pennsylvania Avenue Historic District improvement campaign outside the and demonstrates a high degree of integrity in location, Action Alternative has been design, and setting, a more realistic [No Action] alternative identified. Therefore, the EA would be to rehabilitate the park, as designed, returning the considers a continuation of existing pool and fountain to operation and replacing original plant conditions and management practices materials in kind and location. Because this is not listed as an to be the outcome if no action were alternative, it implies that the EA is attempting to justify taken. "demolition by neglect". As explained on p.21: At this time, no funding or "A proposed action that results in a change that detracts from improvement campaign outside the or destroys the historic character-defining features of cultural Action Alternative has been landscapes would be considered adverse. Likewise, any identified. Therefore, the EA action that destroys or diminishes the landscape's integrity, considers a continuation of existing in particular for setting, location, association, or feeling conditions and management practices would result in an adverse impact. Actions that improve or to be the outcome if no action were No Action enhance the historic character and integrity of the landscape taken Alternative - for example, through restoring lost historic features, such as views or vegetation patterns - would be a beneficial impact. Direct impacts are those changes that result in detectable physical impacts on the landscape's historic character, such as major earthmoving or construction of new buildings and structures." Ironically, the text concludes that "Alternative A would result in long-term detectable adverse impacts on cultural landscapes and would contribute to adverse impacts on the overall adverse cumulative long-term impact on cultural landscapes." This conclusion completely ignores the fact that if Pershing Park were adequately maintained and rehabilitated, as it would be if the Management Plan were implemented, there would be beneficial, rather than adverse, impacts! I like Alternative B with the Freestanding Sculpture with Comment noted. Support for Island Walkway the best I realize that it is probably to [sic] Action late in the process for this suggestion but instead of just the Alternative, wall with raised figures, would it be possible to install the Freestanding wall in a trench with drainage. Additional figures could be Sculpture created to give it more dimension as well as being a much Option better representation of the actual war. I am very impressed with the Action Alternative. I am most Comment noted. Support for in favor of the lsland walkway design because of the Action fountain experience and the increased seating possible for Alternative, contemplation.... The seating on the rear side of this Island Walkway sculpture facing the flowing water and the text is a brilliant idea. As indicated in our January 18, 2019 letter to NCPC, the Comment noted. These options were Modification to Committee of 100 suggests shifting the southern walkway not selected because both would Action south so that it adjoins the sloping steps to the south. This further remove visitors from the Alternative would mean the pool would not be broken up bv a walkway. cascade pool on the south side,
Non-Impairment Determination 11 Topic Comment Response This change would provide a direct walk from the Pershing diminishing opportunity for visitors Statue area to the World War I Memorial Wall and could to interact directly with the water also provide for a stair walkway to the upper level on the from the amphitheater seating. west side of the park. For the "Island" design, the Committee of 100 suggests that some modifications would make it more useful and improve overall accessibility. A new walkway could be provided adjacent to the sloping steps on the south side of the park, with a walkway connection to the main "Island" area. On the north side of the island there could also be a walkway connection to the north side of the park. These changes would make the ''Island" more accessible and useable, and facilitate park visitor's access to the World War I Memorial sculpture wall. Unfortunately, as initially cited, from the beginning, the EA Page 22, Impacts of Alternative B, appears to attempt to provide a convoluted justification for Pershing Park, states "These potential implementation of one of the proposed Action Alternatives changes would be undertaken in a and mostly avoids stating their adverse impacts on the manner that is consistent with the integrity of Friedberg's design of Pershing Park and its Secretary of the Interior's Standards Historic contributing elements. In fact, no mention is made in the EA for the Treatment of Historic Properties of the National Park Service's Secretary of the Interior's Properties ... " Standards, with Guidelines for the Treatment of Cultural Landscapes, which govern the treatment of landscapes listed in, or designated eligible for listing in, the National Register of Historic Places, as this one is. In fact, previous project presentations stated that "The The EA, on Page 27, identifies sunken pool is the dominant space within the park, and the adverse impacts on Pershing Park for focal point around which the park is organized in plan and these reasons, concluding "As a section'' and that the cascade fountain in that space is one of result, the Action Alternative would the three major focal points (the other two are the kiosk and result in a long-term detectable Pershing statue) within the existing design. In addition to adverse impact on the former animating that space, the sound of that fountain's cascading Pershing Park due to changes to the water helps to mitigate the sounds of adjacent traffic and its spatial organization, omnidirectional spray adds a summer cooling effect to make the pool area views, built features, water features, even more of an appealing oasis within the heart of vegetation, and small-scale features downtown DC. However, instead of trying to preserve this with both the Integrated and significant pool space and fountain, as designed, both action Freestanding Sculpture Options and alternatives would adversely affect that space! the Island and L Walkway Options." The descriptions of the impacts of the Action Alternatives The EA states on Page 2S "Insertion are manipulated so that they do not accurately explain that of a walkway through the pool the loss of the Cascade Fountain and the addition of walks structure would alter the pool's use within the pool create severe adverse impacts on the integrity and appearance. Both the L Walkway of the original design. Rather, they imply that the water and the Island Walkway Options running down the side of the added sculpture wall, which is a would minimize the perceived size of completely different design, is an adequate replacement for the pool basin ... " and on Page 26 "a the Cascade Fountain, which it definitely is NOT! freestanding S6.S-foot long commemorative sculpture in the pool basin would result in the removal of !he cascade fountain structure and alter the spatial relationship of the fountain with the park. " Additionally, the EA states 'The site's auditory, visual, and physical experiences generated by the cascade fountain would also be altered from Historic its original historical condition." The Properties intent is to recreate an experience
Non-Impairment Determination 12 Topic Comment Response similar, although not exactly, to the original condition. It also implies that the addition of a sculptural wall at the Although different from the original west end of the park, where the Cascade Fountain would be cascade fountain in form and removed, could be considered to be a replacement focal funclion, the sculptural wall at the feature, which it could NOT be, because it is a completely west end of the park would be a focal different structure with a completely different character and feature. function! Text under Vegetation actually contradicts itself by, in one The text referenced in the comment location, stating that: (on Page 26 of the EA) is in "The Action Alternative would remove and replace all comparison to the original Oehme vegetation in-kind or with compatible vegetation, cultivars, van Sweden planting plan. Text or species, alter the configuration of planting beds referenced previously under Issues throughout the park, and reduce the total number of trees Considered but Dismissed referenced from the Oehme van Sweden planting plan ... '' whereas existing on-site conditions, where previous descriptions of what would actually be planted fewer trees than originally planned contradict this. arc cxtanl.
Only the final paragraph under Cultural Landscape is Comment noted. accurate: "As a result, the Action Alternative would result in a long- term detectable adverse impact on the former Pershing Park due to changes to the spatial organization, omni-directional views, buill features, water features, vegetation, and small- scale features with both the Integrated and Freestanding Sculpture Options and the Island and L Walkway Options." What is clear in both Action Alternatives, as in previous Appendix A: Alternatives designs, is that (I) the WWI Memorial Commission is so Considered but Dismissed describes wedded to pulling the memorial wall al the west end of the multiple options considered for lhe pool in the park that they arc unwilling to consider placing it design, including one that placed the in alternative locations that would enable the retention of the wall outside the commemorative pool cascade fountain, and (2) that they are completely and fountain. disregarding the significance of the cascade fountain and the The EA, on Page 27, identifies pool, as originally designed. adverse impacts on Pershing Park for This is unfortunate, because in order 10 maintain the integrity these reasons, concluding ''As a of the original design, it is crucial to maintain the fountain, result, the Action Alternative would which is the "heart" of the design and, when working, result in a long-term detectable pumped life into the focal pool and plaza area, creating a adverse impact on the former vibrant public space that anchored the west end of the grand Pershing Park due to changes to the ceremonial Pennsylvania Avenue between the Capitol and spatial organization, omnidirectional the White House within the larger urban context of our views, built features, water features, Nation's Capital. vegetation, and small-scale features with both the Integrated and Freestanding Sculpture Options and the Island and L Walkway Options.'' Suffice it to say that while we are pleased that plans for a Comment noted. World War I Memorial in Pershing Park have evolved since this process began and now include measures to rehabilitate some portions of the Friedberg design, we are profoundly disappointed that the current proposal nonetheless represents the complete loss of the cascade fountain-the landscape's primary animating feature situated along the west side of the pool basin-and the near complete loss of the park's pool basin in favor of a 56- foot-long memorial wall fronted by a shallow scrim largely covered by a U-shaped hardscape.
Non"lmpairment Determination 13 Topic Comment Res >onsc The insertion of the wall and 1he scrim inrn the heart of the Alternative B minimizes this impact park would essentially nullify the in1ended auditory and by incorporating a fountain in the cooling effects of the cascade and basin, which were primary sculpture. As seated on Page 26, "In considerations of the Friedberg design, as urbanist William the Freestanding Sculpture Option, "Holly" Whyte recognized ... : water would cascade over the west face of the commemorative sculpture Historit directly down to the pool, whereas in Properties 1he integrated Sculpture Option, water would cascade over the north and south faces of the commemorative sculpture into runnels which would bring the water down to the pool. In both sculpture options, waler would also cascade below the sculpture. In both sculpture options, the fountain would help create ambient noise and visual interest that can be seen and heard from various points around the park, recreating a condition that is similar to the orii;:inal design." We have stated from the outset that Pershing Park has the The NPS, in concurrence with the carrying capacity for a World War I Memorial; however, the District of Columbia State Historic current proposal would have significant adverse effects on Preservation Office, have determined the cascade fountain and pool basin (not to mention the that the adverse impacts, as identified park's overall visual and spatial organization) and would thus in the EA and the MOA, would not seriously jeopardize the potential of Pershing Park to be jeopardize the potential of Pershing listed in the National Register of Historic Places. Park's listing in the NRHP, and Unfortunately, thus far, the suggested measures to minimize would therefore not result in a or mitigate these effects are entirely incommensurate with significant impact. the loss that the historic oark would suffer. Visitor Use and In particular, we'd like to highlight two imponant elements The EA states on Page 30 "Seating Experience of successful parks and public spaces in a Downtown would continue to be available for context. Firsl, they must be appropriately managed and visitor use .... Alternative B would maintained. Second, they should be multi-purposes spaces continue to offer visitors an outdoor used as parks for all city residents, not spaces devoted solely space to sit outdoors, including eating to commemoration . lunch, at seating provided in the park. . . . Just as importantly, Downtown green spaces are The granite steps would offer relatively rare and should be available for a wide range of opportunities to interact with the users. It is critical that commemoration of World War I water in the pool basin." These incorporate recreational and non-commemorative uses of our opportunities would be available for scarce park spaces. all city residents and visitors. It is critical that this space have an appropriate governing Comment noted. The WWICC and structure to program and maintain the park and to correct the the NPS plan to explore programming failures of the post-PADC park management era. and maintenance options. We have an excellent template for how to combine Comment noted. The WWICC and appropriate commemoration with recreation and vibrant city the NPS plan 10 explore programming life nearby: the Navy Memorial and surrounding Market and maintenance options. Square development blends these functions seamlessly. Furthermore, the Navy Memorial Foundation embraces their role in programming the space with concerts and movie nights - they even hosted a game watch party during the Washington Capitals' run to the Stanley Cup title. Pershing Park should embrace this same commingling of Visitor Use and commemoration and recreation appropriate for a small park ExJ)erience in the center of a bustling city.
Non-Impairment Determination 14 TuJ)ic Comment Res >onsc Please ensure there are enough spaces to sit for quiet The EA states on Page 30 reflection, reading, and remembrance. Please also include "Alternative B would continue to public restroom facilities if the space allows. offer visitors an omdoor space to sit outdoors, including eating lunch, at sealing provided in the park. The granite steps would offer opportunities to interact with the water in the pool basin. The cascade fountain incorporated into the new commemorative sculpture would create background sound, reducing visitor perception of traffic noise and supporting the sense of enclosure at the park." No restroom facilities are planned for the site. I have looked al the overview drawings and think it's great. Comment noted. The Action But it appears to me that there are too many steps. This Alternative widens the three existing obviously restricts those in wheel chairs and even those who ramps to make them compliant with have a difficult time walking including parents/grandparents accessibility standards. These ramps with children in strollers and those young children that are are located on three sides of the park. learning to walk. Also basically anyone that has difficulty The Action Alternative retains the walking. ramps to minimize adverse effects on the historic resources of the park.
The sculpture wall is a symbolic work of art but there is a The WWICC and the NPS are question of how visitors can understand what it means, and developing interpretive materials for how we 11it represents the progression and meaning of World the memorial and its site, both at the War I, especially American involvement. The latest design memorial itself and electronic means. for the memorial suggests an information area at the site of present kiosk. While we believe that is appropriate, we believe information also should be provided on walls or plaques, by information brochures, and by electronic means. It is important that visitors to the World War I Memorial be able to gain an understanding and perspective on World War I in addition to looking at the sculpture wall. The Committee of I 00 believes it is important to continue to The memorial design is intended to stress the "urban park" role of this overall park. Probably offer both recreation and half or more of future visitors will be there to enjoy the commemoration experiences. "urban park" features of the park. "Seating would continue to be Visitor Use and available for visitor use .... Alternative Experience B would continue to offer visitors an outdoor space to sit outdoors, including eating lunch, at seating provided in the park. The granite steps would offer opportunities to interact with the water in the pool basin." PA Avenue The PA A venue Historic Site 2014 Management Plan Comment noted. The proposed Historic Site includes general actions related to management and World War I Memorial would be 2014 jurisdiction, cultural resources, special events, access and consistent with the specific actions Management circulation, urban design character, visitor information, noted, as it would rehabilitated the Plan education and enjoyment, visitor facilities and services, park, provide additional health, public safety, and security, and operations. The interpretation, and replace concrete Management Plan also includes specific area actions for picnic tables. Pershing Park: - Rehabilitate the park to re-establish it as a pleasant oasis in the citv; improve visual access across the site.
Non-Impairment Determination 15 Topic Comment Response - Provide additional interpretation about World War I and General Pershing; strengthen the park's identity as the National World War [ Memorial in the capital city. - Develop stronger physical connections between commercial uses and across Pennsylvania Avenue North. - Consider additional floral displays. - Replace the concrete picnic tables with street furnishings compatible with updated special streetscape guidelines.
These actions proposed by the Management Plan would be apropos and maintain the design integrity of Pershing Park. The Action Alternatives proposed by the WWI Memorial are in conflict with this Management Plan.
Non-Impairment Determination 16 Topi..: Comment Response fountain look like though? It would be cool if the fountain was in the middle of the island walkway, kind of where the number 9 is in Fie:ure Five. I like that you added a flag. Maybe put some flowers in? The WWICC and the NPS has Some poppies would be nice, because those represent people considered poppies as seasonal who died in WW I. The poem "In Flanders Fields" is really plantings. Images from the U.S. pretty and could be quoted somewhere. I really would like to Commission of Fine Arts and see some possible fountains before it gets built though. National Capital Planning Commission submissions are available at http://parkplanning.nps.gov/WWIMe morial for nublic view. Would there be any names of people who gave their lives The design does not include a list of during the war put somewhere around the memorial, like names or squadron/regiment names. Design how there are names around the outside of the DC world war Suggestions one memorial? Or there could at least be squadron/regiment names or numbers if there are too many names. For ex amp le, in the Introduction (p. l} under the Purpose and The Purpose and Need does not Need, the below elements listed as "Proposed evaluate the potential adverse impacts Enhancements" : on resources. The wording under - Replace the existing cascade fountain Purpose and Need is consistent with - Insert a commemorative sculpture Public Law 113-291, which states - Modify the existing pool basin, including insertion of "The Commission may enhance the walkway General Pershing Commemorative Purpose and - Remove the circular metal and plastic kiosk Work by constructing on the land Need - Modify, replace, or remove vegetation would actually designated by paragraph ( I) as a have Adverse Impacts on the contributing elemenls and World War I Memorial appropriate spatial organization of the park, and thus the integrity, of sculptural and other commemorative the original design. elements, including landscaping, to further honor the service of members of the United States Armed Forces in World War I." Planning Issues and Concerns Dismissed from Further The Potential for lhe Project to Analysis (p.4) includes Potential for the project to impact Impact Vege1ation relates not to the vegetation (p.5). Despite the descriptive text under it, which original landscape plan, but rather to slates that most plant materials would be replaced in-kind or existing conditions. The statement by a compatible species or cultivars, taler explanatory text that most plant materials would be indicates that this is not true. In any case, si nee the plant replaced in-kind or by a compatible materials were selected by an award-winning landscape species or cullivars, is accurate: the architecture firm, which is known for its knowledge of proposed trees would be plants, their replacement with another species could be approximately the same size, with questionable. similar habit and ornamental Planning Issues characteristics, including similar and Concerns height with multi-stem habits. Dismissed from Alternative B was developed in Further consultation wi1h a licensed Analysis landscaoe architect. The description under Vegetation for these alternatives is in The vegetation issues dismissed from blatant contrast to the previous contention that Potential for consideration in lhe EA relate not to the project to impact vegetation was one of the Planning the original landscape plan, but rather Issues and Concerns Dismissed from Further Analysis. to existing conditions. The statement Rather than replacing original plant materials with the same that most plant materials would be species or a compatible species or cultivars in-kind and in replaced in-kind or by a compatible place, the text on p. 12 describes a considerable reduction in species or cultivars, is accurate. As number of trees and thus in different locations; replacement stated on Page 5 of the EA, "Given of pink crape myrtles with white; replacement of birch trees the size and urban context of the with sweetbay ma_gnolias, which have a completely different project area, the small increase or
Non-Impairment Determination 10 ATTACHMENT D: SECTION 106 COORDINATION LETTERS
United States Department of the Interior
NATIONAL PARK SERVICE National Mall and Memorial Parks 900 Ohio Drive, S.W. Washington. D.C. 20024-2000
May 1, 2015
Mr Davi SubJcct· Development ofWorl Dear Mr. Malonl."y: Th~ World War 1 Centennial Commission, per authorization of Public Laws 112-272 and 113-291 and in cooperation with the National Park Service (NI'S), proposes to develop a permanent memonal in Pershing Purk honoring the ~crvicc of members of the United Stales /\rmcd Forces during World War I. The NPS would like to formally 1mtiate consullation for this undertaking with the District of Columbia State I [ istoric Preservation Office, in accordance with 36CfR800.3 of Section I 06 of the National Historic Preservation Act On December 19, 2014. Congress enacted Public Law 113-291 Section 3091, which olfic1ally n::dcsignated Pershing Park as a "World War I Memorial." The law calls for the enhancement of the site to honor the service or members of the United Stales Armed Forces in World War I and may include commemorative elements mch as sculptural a11dovcrnll landscapc design. The rroject area, formerly known as Pershing Park, is locmcd one block to the southcas1 of the White House and is bounded by Pennsylvania Avenue NW to both !he north and south, and 15lh Strctt NW and !4th Street NW to the west mid east, rl'sµectivcly. This site is also a rnmponcnt of the Pennsylvania Avenue National Historic Site. an administrative unit orthc National Park Service (N PS) and nrnnaged hy the National Mall and tvkmorial Parks The World War I Centennial Commission (the Commission) is a Congrcssionully- cstahl ished orguniw(inn rcspo11siblc for planning, developing, and executing programs, projcc1s an In accordance wilh the National Environmenlnl Policy Act ol' 1969 {NEPA), the NI'S will prep11rcan Environmental Assessment (EA) to identify alternatives and analyze impacts potentially wsultmg from the establishment of the proposed memorial. Concurrent to the NEPA process. the NPS and the Comm1ss,on will conduct consultation under Scctitm 106 of the National Historic Preservation Act of I 966 (N!IPA). The NPS plans 10 consult with the public per 36 CFR R00.3(e) by lrnlding public informational meetings and through its Planning, Environment, and Puhl ic Commenl website (parkplanning ups.gov/ proj~ctHomc.cfm?projecttD=S8434). The NPS anticipates that 1hese outreach efforts will accommodate lhe requirements ofhoth NF.Pl\ and lhc Section 106 process To thntend lhc Section 106 Coordination Letters 17 NI'S and the Commission will hold a public scoping meeting on Wednesday, May 20, 2015, between 6 30 p.m. and g 30 p.m. at the Jones Day offices, localed at 51 Loui,iuna Avenue NW. in Washington, D.C Durmg this open house, the project team wil! be available 10 discuss alternall\'es and sue charnctcrislics As purt of the consultation process with the District of Columbia Historic !-'reservation Office, you or a member of your staff are cordially invited 10 attend the scoping meeting and offer comments. Although we have initially drafted a proposed an:a of potential effect (APE) for this project (see al\achment), we have not made a determination ofcni:ct. Jfowewr, the site is withm the Pennsylvania Avenue National Historic Site National Register Distnct ond contains the General JohnJ. Pershing Memorial, which consists ora statue of Pershing with a bench and two inscribed v,al Is We nre also aware that 1h1s project may affect other National Register eligible or listed properties We lnok forward to work mg with you tin this project. If you h11vcany questions, please do not hesitate to contact Catherine Dewey, Chier or Resource Management, al [email protected]. c~,:-~Actmg Superintendent National Mall and Memorial Parks A1tachmcnt Section 106 Coordination Letters 18 (/) io